Consumer Protection Act 1987

38 Restrictions on disclosure of information. U.K.

(1) Subject to the following provisions of this section, a person shall be guilty of an offence if he discloses any information—

(a) which was obtained by him in consequence of its being given to any person in compliance with any requirement imposed by safety regulations or regulations under section 26 above;

(b) which consists in a secret manufacturing process or a trade secret and was obtained by him in consequence of the inclusion of the information—

(i) in written or oral representations made for the purposes of Part I or II of Schedule 2 to this Act; or

(ii) in a statement of a witness in connection with any such oral representations;

(c) which was obtained by him in consequence of the exercise by the Secretary of State of the power conferred by section 18 above;

(d) which was obtained by him in consequence of the exercise by any person of any power conferred by Part IV of this Act; or

(e) which was disclosed to or through him under section 37 above.

(2) Subsection (1) above shall not apply to a disclosure of information if the information is publicised information or the disclosure is made—

(a) for the purpose of facilitating the exercise of a relevant person’s functions under this Act or any enactment or subordinate legislation mentioned in subsection (3) below;

(b) for the purposes of compliance with a Community obligation; or

(c) in connection with the investigation of any criminal offence or for the purposes of any civil or criminal proceedings.

(3) The enactments and subordinate legislation referred to in subsection (2)(a) above are—

(a) the M1 Trade Descriptions Act 1968;

(b) Parts II and III and section 125 of the M2 Fair Trading Act 1973;

(c) the relevant statutory provisions within the meaning of Part I of the M3 Health and Safety at Work etc. Act 1974 or within the meaning of the M4 Health and Safety at Work (Northern Ireland) Order 1978;

(d) the M5 Consumer Credit Act 1974;

(e) the M6 Restrictive Trade Practices Act 1976;

(f) the M7 Resale Prices Act 1976;

(g) the M8 Estate Agents Act 1979;

(h) the M9 Competition Act 1980;

(i) the M10 Telecommunications Act 1984;

(j) the M11 Airports Act 1986;

(k) the M12 Gas Act 1986;

(l) any subordinate legislation made (whether before or after the passing of this Act) for the purpose of securing compliance with the Directive of the Council of the European Communities, dated 10th September 1984 (No. 84/450/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.

[F1 (m) the Electricity Act 1989.]

[F2 (mm) Part IV of the Airports (Northern Ireland) Order 1994;]

[F3 (n) the Electricity (Northern Ireland) Order 1992]

[F4 (nn) the Gas (Northern Ireland) Order 1996;]

[F5 (o) the Railways Act 1993]

[F6 (p) the Competition Act 1998.]

(4) In subsection (2)(a) above the reference to a person’s functions shall include a reference to any function of making, amending or revoking any regulations or order.

(5) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(6) In this section—

• “publicised information” means any information which has been disclosed in any civil or criminal proceedings or is or has been required to be contained in a warning published in pursuance of a notice to warn; and

• “relevant person” means any of the following, that is to say—

(a) a Minister of the Crown, Government department or Northern Ireland department;

(b) the Monopolies and Mergers Commission, the Director General of Fair Trading, the Director General of Telecommunications or the Director General of Gas Supply [F7 or the Director General of Electricity Supply][F8 or the Director General of Electricity Supply for Northern Ireland][F9 or the Director General of Gas for Northern Ireland][F10 or the Rail Regulator];

(c) the Civil Aviation Authority;

(d) any weights and measures authority, any district council in Northern Ireland or any person on whom functions are conferred by regulations under section 27(2) above;

(e) any person who is an enforcing authority for the purposes of Part I of the M13 Health and Safety at Work etc. Act 1974 or for the purposes of Part II of the M14 Health and Safety at Work (Northern Ireland) Order 1978.

Textual Amendments

F1 S. 38(3)(m) inserted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 36(a)

F2 S. 38(3)(mm) inserted (N.I.)(1.9.1995) by S.I. 1994/426 (N.I. 1), art. 71(2), Sch. 9 para. 11; S.R. 1995/294, art. 2, Sch.

F3 S. 38(3)(n) inserted (N.I.) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 31(a); S.R. 1992/117, art. 3(1).

F4 S. 38(3)(nn) inserted (N.I.)(10.6.1996) by S.I. 1996/275 (N.I. 2), art. 71(1), Sch. 6 (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2

F5 S. 38(3)(o) added (6.1.1994) by virtue of 1993 c. 43, s. 150(1)(o), 152(1), Sch. 12 para. 26(2); S.I. 1993/3237, art. 2(2)

F6 S. 38(3)(p) inserted (11.1.1999) by 1998 c. 41, s. 74(1), Sch. 12 para. 10(b) (with s. 73); S.I. 1998/3166, art. 2, Sch.

F7 Words inserted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 36(b)

F8 Words in s. 38(6)(b) inserted (N.I.) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 31(b); S.R. 1992/117, art. 3(1).

F9 Words in s. 38(6)(b) inserted (N.I.) (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 71(1), Sch. 6 (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2

F10 Words in s. 38(6) inserted (6.1.1994) by 1993 c. 43, s. 150(1)(o), 152(1), Sch. 12 para. 26(3); S.I. 1993/3237, art. 2(2)

Modifications etc. (not altering text)

C1 S. 38 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 3(c).

S. 38 applied (3.10.1994) by S.I. 1994/2328, reg. 11(c)(i)

S. 38 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 2(b) (with Sch. 15 para. 7)

S. 38 applied (with modifications) (31.5.1998) by S.I. 1998/1165, reg. 13(2)(a).

Marginal Citations

M1 1968 c. 29.

M2 1973 c. 41.

M3 1974 c. 37.

M4 S.I. 1978/1039 (N.I.9).

M5 1974 c. 39.

M6 1976 c. 34.

M7 1976 c. 53.

M8 1979 c. 38.

M9 1980 c. 21.

M10 1984 c. 12.

M11 1986 c. 31.

M12 1986 c. 44.

M13 1974 c. 37.

M14 S.I. 1978/1039 (N.I.9).